I am a 25-year-old male who lives with his father in his apartment and it’s his self-acquired property. My mother passed away a few years ago. I have two sisters who are happily married. Can my father sell the flat without our consent? Also please clarify if my sisters would have any rights in the flat after my father’s demise?
– Sabnam Tyagi As you mentioned that the flat is your father’s selfacquired property, he is fully entitled to transfer the said flat to any third party without your consent. If your father executes a will in respect of the said apartment, then after his demise the property shall devolve in the manner as specified in his will. However, in case your father dies without leaving a will then after his demise all his legal heirs, including you and your sisters, shall have an equal zshare in the apartment. My younger brother and I (being the only legal heirs) inherited a house and a shop (in equal shares) from our father. Subsequently with mutual understanding, I surrendered my share in the house and my brother surrendered his share in the shop by executing two separate duly registered release / relinquishment deeds. At present the market value of the house is much higher than the shop. Is it possible for me to cancel the release made by me?
– Jagdeep Shah Since the release/relinquishment deeds executed by you and your brother are duly registered, the release by you of your share in the house and release by your brother of his share in the shop are legally complete and cannot be cancelled. My father had made a gift of an apartment in the name of my minor son. We now wish to sell it and invest in a bigger property. Is it necessary to seek the court’s permission before selling this apartment as I have heard it is a timeconsuming process?
– Amanpreet Kaur Yes, since the absolute and sole owner of this property is a minor, it can only be transferred after you (as guardian of the minor) have obtained written permission from the courts to do so. The court may permit transfer of this property to any third party on conditions as the court may deem fit. I am planning to purchase a flat in an under-construction project by a renowned builder in Gurgaon. The builder has told us that the portion of land on which the tower comprising my proposed unit will receive a license in a few months. Can I purchase the flat before the license is granted?
– Rupashree As per the law applicable in Haryana, to undertake construction, the developer has to obtain license from the Town and Country Planning Department. Therefore, you may purchase the flat once the land parcel has received the license from the Town and Country Planning Department. I have some property which I bought from my own income. I have drawn a will bequeathing it to my daughter. Now, my son is claiming that he should have an equal share in my property. Is his claim valid?
– Bhupinder Sharma If you have purchased the property using your own money from your income, then it will be called your self-acquired property and you are free to dispose it in any manner you wish to. Our residential home in Delhi was earlier in my father’s name and after his death my mother became the sole owner of our residential home. My mother died last month and through her will she bequeathed the house in my favour. Now, how do I get the house mutated in my name in the records of municipal authorities. Just to clarify, I am the only child of my parents?
- Smriti Guliani To get the property mutated in your name, you need to apply to the municipal authority by filling the required form/application and submitting requisite documents such as mother’s death certificate, title document in favour of mother, copy of will, upto date property tax receipts, indemnity bond etc. along with applicable fees.